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(영문) 청주지방법원 2019.04.25 2018가합3103
소유권이전등기
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On November 1, 2016, the Plaintiff and Nonparty E Co., Ltd. (hereinafter “E”) purchased each land listed in the separate sheet (hereinafter “each land of this case”) on November 1, 2016, and E took the procedures for the authorization and permission on factories to be newly built on each land of this case. After the authorization and permission, E agreed to purchase each land of this case from the Plaintiff after entering into a contract for new factory construction and civil engineering works with the Plaintiff or the person designated by the Plaintiff.

B. Defendant B (hereinafter “Defendant B”) is the owner of the land Nos. 1 through 14 in the annexed list. Defendant C is each the owner of the land No. 15 in the annexed list, and Defendant D is the owner of the land No. 16 in the annexed list No. 16 in the annexed list.

C. On November 1, 2016, the Plaintiff purchased KRW 3,489,500,000 in total each of the instant land from the Defendants, and paid KRW 200,000 to Defendant B’s account following the following day. The specific contract content is as follows.

Article 1 (Purpose of Sale)

1. The Defendants confirm that they are the legitimate owners of each of the instant lands, and are liable for all of the Defendants’ obligations stipulated in this Agreement.

2. The Plaintiff implements the terms and conditions of the contract and is responsible for the Plaintiff’s obligations specified in this contract.

3. The purpose of this contract is to establish a factory, and both parties confirm that authorization and permission should be possible.

(A) Article 5 (Transfer of Ownership) The Defendants shall receive any balance from the Plaintiff, and at the same time deliver to the Plaintiff all necessary documents for the registration of transfer of ownership.

Article 6 (Concurrent Documents) The Defendants deliver to the Plaintiff all necessary documents relating to the Plaintiff’s development activities simultaneously with the contract.

(W) A written consent to land use, corporate identification, resident consent, etc.). Article 7 (Liability, etc. for Taxes and Taxes) Any taxes and other charges arising from the possession of each land of this case, regardless of the authorization or permission.

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